Overview Description

Records relating to a first toxic vapors misdemeanor conviction or a first possession of drug paraphernalia conviction committed before age 21 may be expunged one year after conviction, so long as the person has no other felony or misdemeanor conviction other than a traffic violation and has completed a drug education program. N.C. Gen. Stat. § 15A-145.3(c).

Ineligible Category or Citation

This provision applies only to offenses specified in N.C. Gen. Stat. section 15A-145.3(c).

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see N.C. Gen. Stat. §§ 15A-145.3(c), 15A-150 et seq.

Fees

The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.3(d).

Effect

If the court grants the petition, the conviction is canceled and the records of arrest and court proceedings are expunged. The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-145.3(c).

Forms

For an application to expunge records in North Carolina, visit here.

Waiting Periods

The petition can be filed not sooner than 12 months after the conviction.

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